Bill 162, Care Homes Act, 2002

Versions

Bill 162 2002

An Act to provide for
the accreditation of care homes,
to protect the rights of tenants
and to amend the
Tenant Protection Act, 1997


CONTENTS
1.	Definitions
2.	Application
PART I TENANTS' RIGHTS
3.	Tenant's rights
4.	Safety
5.	Dignity
6.	Capacity presumed
7.	Treatment
8.	No restraints
9.	Compelled work
10.	Access to advocates
11.	Communication
12.	Dress
13.	Information
14.	Privacy
PART II CARE HOME OPERATING REQUIREMENTS
15.	Operating requirements
16.	Odours
17.	Washrooms
18.	Meals
19.	Conjugal areas
20.	Staff
21.	Contracts
PART III CARE HOME REVIEW BOARD
22.	Care Home Review Board
PART IV ACCREDITATION
23.	Accreditation bodies
24.	Accreditation to be given
25.	Information
26.	Grounds for refusal
27.	Revocation and refusal to renew
28. 29. 30.	Notice of proposal to revoke or refuse to renew Appeal to court Referrals
PART V ENFORCEMENT
31.	Deemed contract
32.	Complaint
33.	Inspection
34.	Warrant
35.	No retaliation for disclosure
36. 37.	Reporting of harm to tenant Offence

PART VI GENERAL
38.	Community care access
39.	Duty of owners and operators
40.	Protection of personal liability
41.	Regulations
42.	Tenant Protection Act, 1997
43.	Commencement
44.	Short title
______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. (1) In this Act,

"accrediting body" means a corporation or association authorized by the Board under Part IV of this Act to accredit care homes; ("organisme d'agrément")

"Board" means the Care Home Review Board established under Part III; ("Commission")

"care home" means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; ("maison de soins")

"Director" means the Director employed under subsection 22 (6); ("directeur")

"inspector" means a person authorized by the Board under subsection 23 (2) to be an inspector for the purposes of this Act; ("inspecteur")

"Minister" means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; ("ministre")

"prescribed" means prescribed by the regulations made under this Act; ("prescrit")

"registry" means the registry set out in subsection 25 (3); ("registre")

"regulations" means the regulations made under this Act; ("règlements")

"tenant" means a person who resides in a care home. ("locataire")

Deemed tenant

(2) The tenant of a care home to which this Act applies shall be deemed to be a tenant for the purpose of the Tenant Protection Act, 1997.

Application

2. This Act does not apply to a care home, or part of a care home, that is subject to one or more of the following Acts:

1. The Charitable Institutions Act.

2. The Child and Family Services Act.

3. The Homes for Special Care Act.

4. The Homes for the Aged and Rest Homes Act.

5. The Mental Hospitals Act.

6. The Private Hospitals Act.

7. The Public Hospitals Act.

PART I
TENANTS' RIGHTS

Tenant’s rights

3. (1) The tenant of a care home to which this Act applies has the rights set out in this Part and such other rights as may be prescribed, in addition to his or her rights as a tenant under the Tenant Protection Act, 1997.

Duty to ensure rights

(2) A care home shall ensure that the rights set out in this Part and such other rights as may be prescribed are respected and promoted.

Exception

(3) Subsections (1) and (2) do not apply to the extent that the authority of a tenant to exercise a particular right has been restricted in accordance with law.

Rights to be posted

(4) A care home shall ensure that the rights set out in this part are posted in a common area in the care home, in a manner which is legible to the tenants.

Rights not limited

(5) The fact that a person is a tenant in a care home does not limit the person's rights under any other law.

Safety

4. A tenant has the right to a safe, secure and clean living environment and to be free from physical, verbal, emotional and sexual abuse.

Dignity

5. A tenant has the right,

(a) to be treated with respect for his or her basic human dignity;

(b) to be addressed by name and in language that is not patronizing; and

Capacity presumed

6. A tenant has the right to be presumed to be mentally capable of making decisions in all areas of decision making, unless it is determined in accordance with the law that he or she is incapable.

Treatment

7. (1) A tenant has the right to accept or refuse treatment without pressure or coercion unless,

(a) the tenant is determined to be incapable of consenting to or refusing treatment in accordance with the law and an authorized substitute consents to the treatment; or

(b) the law authorizes the treatment to be administered to the tenant without consent.

Self-administered treatment

(2) A tenant who has the right to accept or refuse treatment has the right to self-administer the treatment and to take less of a treatment than is recommended by a health professional.

Administration of treatment

(3) A tenant has the right to receive treatment from a person competent to administer the treatment, in accordance with the instructions of the physician or other health professional recommending the treatment.

No restraints

8. A tenant has the right to be free from detention, seclusion, restraint or punishment in a care home, including, without limiting the generality of the forgoing, the right to be free from,

(a) confinement in an enclosed space that he or she is not permitted to leave;

(b) tying or binding of any part of the tenant's body which he or she cannot remove;

(d) any act or omission intended to cause discomfort to the tenant as a consequence of his or her act or omission.

Compelled work

9. A tenant has the right not to be required to do work for or on behalf of a care home.

Access to advocates

10. (1) A tenant has the right to meet at any time, inside or outside of a care home, with an advocate who is independent of the care home or with a lawyer, and to have confidential communications with that person.

Access to services

(2) A tenant has the right to have access to community support services and to choose from whom to buy goods and services.

Communication

11. (1) A tenant has the right to communicate by telephone, mail or other means without interception of, or interference with, the communication.

No interference

(2) A tenant has the right to be free from interception of, or interference with, information distributed by print, television, radio, the Internet, or other method of distribution.

Dress

12. A tenant has the right to dress as he or she wishes, as long as it does not offend against public decency.

Information

13. A tenant has the right,

(a) to know the name, business address and business phone number of each owner and operator of a care home in which the tenant resides;

(b) to inspect and have a copy of all records maintained by the care home containing his or her personal information;

(d) to require that the care home add to a record maintained by the care home containing his or her personal information a statement of disagreement provided by the tenant if the record is not corrected under clause (c); and

(e) to designate another person to receive, on his or her behalf, information described in clauses (a) and (b).

Privacy

14. (1) Subject to section 94 of the Tenant Protection Act, 1997, a tenant has the right to privacy.

Confidentiality

(2) A tenant has a right to the confidentiality of his or her personal information in the custody of, or under the control of, a care home unless he or she agrees in writing that specified personal information may be disclosed.

PART II
CARE HOME OPERATING
REQUIREMENTS

Operating requirements

15. (1) A care home shall ensure that requirements set out in this Part and such other requirements as may be prescribed are met.

Complaints

(2) A tenant may make a complaint under section 32 that a care home has not met one or more of the requirements set out in this Part.

Odours

16. A care home must be clean and free of offensive odours.

Washrooms

17. Each tenant must have access to a washroom and a room for bathing that can be locked from the inside.

Meals

18. If a care home contracts to provide both room and board, it shall provide each tenant with meals,

(a) that conform to the guidelines set out in the most recent revision of the Canada Food Guide;

(b) that accommodate the tenant's specific dietary needs and restrictions required for health or religious reasons; and

(c) that are served or made available to the tenant at appropriate times, having regard to the effect of work, treatment or other commitments on his or her schedule.

Conjugal areas

19. A care home shall provide a place in which a tenant who does not occupy a private room may have a private conjugal visit with another tenant or a visitor.

Staff

20. A care home shall have sufficient staff to ensure that it can meet its obligations under this Act and its contractual obligations to provide care to each tenant.

Contracts

21. (1) A care home shall ensure that a contract to provide its services to a tenant is in writing and includes the following:

1. A detailed list of the services that the care home agrees to provide to the tenant.

2. A detailed list of the cost of residing in the care home and receiving services.

3. A detailed list of the rights of a tenant under this Act.

Rights in prescribed form

(2) The list of rights referred to in paragraph 3 of subsection (1) shall be in the prescribed form, if a form is prescribed.

Contract not enforceable

(3) An obligation in contract to pay a care home for the cost of residing in the care home and receiving services is not enforceable if the care home does not comply with subsection (1) or (2).

PART III
CARE HOME
REVIEW BOARD

Care Home Review Board

22. (1) A board to be known as the Care Home Review Board in English and Commission de révision des maisons de soins in French is hereby established.

Members

(2) The Board shall be composed of not fewer than three and not more than seven members who shall be appointed by the Lieutenant Governor in Council, one of whom shall be appointed as chair.

Representation

(3) A majority of members of the Board shall be appointed from the following groups:

1. Current and former care home tenants.

2. Relatives and friends of current and former care home tenants.

3. Advocates for the rights of care home tenants.

Quorum

(4) A majority of the members of the Board constitute a quorum and is sufficient for the exercise of all the jurisdiction and powers of the Board.

Powers

(5) The Board is a body corporate without share capital and has the powers of a natural person for the purpose of carrying out its functions under this Act.

Employees

(6) The Board shall employ a Director, one or more inspectors and such other officers and staff as are from time to time required for its purposes.

PART IV
ACCREDITATION

Accreditation bodies

23. (1) The Board may authorize one or more corporations or associations to be accreditation bodies under this Part, with respect to care homes in an area or class determined by the Board.

Inspectors

(2) The Board may authorize a person who works for the Board or for an accreditation body to be an inspector for the purposes of this Act.

Accreditation effective

(3) Subject to subsection (4), the accreditation of a care home is effective until one of the following occurs:

1. The care home surrenders its accreditation.

2. The accreditation of the care home is revoked under this Act.

3. The ownership of the care home changes, including a change in the ownership of the majority of the shares of a corporation that owns the care home.

Expiration of accreditation

(4) The Board may direct that the accreditation of a care home or class of care homes expires after a period of time determined by the Board, subject to renewal.

Accreditation not ended

(5) The accreditation of a care home does not end just because the body that accredited the care home is no longer authorized to accredit care homes.

Transfer of authority

(6) If an accreditation body ceases to be authorized to accredit care homes, the Board may direct another accreditation body to assume authority for all matters under this Act that the previous body had authority to deal with at the time it ceased to be authorized, subject to conditions, if any, imposed by the Board.

Accreditation to be given

24. (1) An accreditation body shall accredit a care home, or renew the accreditation of a care home that has expired if it is satisfied that the care home,

(a) will ensure that the rights of tenants established under this Act are fully respected and promoted;

(b) will operate to the standards established by the accreditation body; and

Accreditation is specific

(2) The accreditation of a care home applies only to the premises described in it, and only to the persons described in it as owners and as operators.

Information

25. (1) A care home shall inform the municipality in which it is located of the care home's name, address and telephone number,

(a) when the care home begins operation; and

(b) when any of this information changes.

Notice to Board

(2) A care home shall inform the Board of the care home's name, address and telephone number,

(a) when the care home begins operation; and

(b) when any of this information changes.

Registry

(3) After 180 days from the day that this Act comes into force, the Board shall publish a registry containing the following information with respect to each care home at least once per year, or at more frequent prescribed times:

1. The name, address and telephone number of the care home.

2. A summary of any order made under section 32 which a care home has not complied with.

3. Whether the care home is accredited under this Act.

Public inspection

(4) A copy of the registry shall be made available for inspection without charge at the offices of the Board during normal business hours.

Searches

(5) The registry shall be arranged to permit it to be searched by the name of a care home and by the name of a municipality.

Same

(6) The Board shall notify each municipality in which a care home is located and each Community Care Access Centre in that municipality of,

(a) the functions of the Board;

(b) the registry; and

Annual report

(7) The Board shall provide an annual report, in accordance with subsection (8), to the Minister, and the Minister shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session.

Contents of report

(8) A report made under subsection (7) shall include the following information:

1. The number of accredited care homes in Ontario.

2. The number of care homes in Ontario that are not accredited, or an estimate if that number is not known.

3. The number of investigations undertaken by the Board under section 32.

4. The number of orders to comply made under section 32.

. 5. A summary of any order made under section 32 which a care home has not complied with, including the name and address of the care home.

6. A comprehensive review of the effectiveness of this Act in encouraging care homes to operate to requirements and standards established under this Act, and in protecting the rights of tenants of care homes.

Grounds for refusal

26. (1) Subject to section 28, an accreditation body may refuse to accredit a care home where, in its opinion,

(a) the proposed care home or its operation would contravene this Act, any other Act, any regulation under any Act or any municipal by-law respecting its establishment or location;

(b) the past conduct of the care home or its owner or operator affords reasonable grounds for belief that the home will be operated in a manner that is prejudicial to the health, safety or welfare of its tenants, or will not be operated in accordance with the law and with honesty and integrity; or

(c) the proposed owner or operator is not competent to operate a care home in a responsible manner in accordance with this Act and the regulations or are not in a position to furnish or provide the required services.

Corporate owners and operators

(2) A reference to an owner or operator of a care home in subsection (1) includes, if the owner or operator is a corporation, its officers, directors and persons with a controlling interest in it.

Revocation and refusal to renew

27. An accreditation body may revoke or refuse to renew the accreditation of a care home where,

(a) the care home is in contravention of this Act or of any other Act or regulation that applies to the care home;

(b) any person has made a false statement in the application for accreditation or renewal of it, or in any other information required to be furnished by this Act or by any other Act or regulation that applies to the care home;

(c) the conduct of the care home affords reasonable grounds for belief that the care home is not being or will not be operated in accordance with the law and with honesty and integrity;

(d) the conduct of the care home affords reasonable grounds for belief that those who operate it are not competent to operate a care home in a responsible manner in accordance with this Act; or

(e) the conduct of the care home affords reasonable grounds for belief that the home is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of its tenants.

Notice of proposal to revoke or refuse to renew

28. (1) Where an accreditation body proposes to refuse to issue or renew or to revoke the accreditation of a care home under this Act, the accreditation body shall serve notice of the proposal, together with written reasons for it, on the applicant or care home.

Notice requiring hearing

(2) A notice under subsection (1) shall state that the applicant or care home is entitled to a hearing by the Board if the applicant or care home makes a written request to the accreditation body and the Board within 15 days after the notice is served under subsection (1).

Same

(3) A care home that requests a hearing shall provide proof with the request that a copy of the accreditation body's notice, the written reasons for the notice and a copy of the request for a hearing are posted prominently in the care home.

Powers of accreditation body where no hearing

(4) Where an applicant or care home does not request a hearing by the Board in accordance with subsection (2), the accreditation body may carry out the proposal stated in the notice under subsection (1).

Powers of Board where hearing

(5) Where an applicant or care home requests a hearing by the Board in accordance with subsection (2), the Board shall appoint a time for and hold the hearing and, on the application of the accreditation body at the hearing, may by order direct the accreditation body to carry out its proposal or refrain from carrying out the proposal and to take such action as the Board considers the accreditation body ought to take in accordance with this Act, and for such purposes the Board may substitute its opinion for that of the accreditation body.

Parties

(6) The following are parties before the Board under this Act:

1. The accreditation body.

2. The applicant or the care home which has required the hearing.

3. Any person whose complaint under section 32 formed the basis, or part of the basis, of the accreditation body's proposal under subsection (1).

4. Any other person the Board may specify.

Appeal to court

29. Any party to the proceedings before the Board may appeal from its decision or order to the Divisional Court in accordance with the rules of court.

Referrals

30. After 180 days from the day that this Act comes into force, no corporation or association that receives more than 50 per cent of its funding directly or indirectly from the Province of Ontario shall recommend to a person that he or she reside in a care home, or assist a person to take up residence in such a home, if the home is not accredited under this Act, or if its accreditation has been suspended under this Act.

PART V
ENFORCEMENT

Deemed contract

31. Every care home shall be deemed to have entered into a contract with each tenant of the home,

(a) agreeing to respect and promote the tenant's rights established under this Act; and

(b) agreeing to meet the requirements set out in Part II.

Complaint

32. (1) A tenant may make a complaint to the Director that, while a tenant in a care home, the home,

(a) did not respect or promote his or her rights established under this Act;

(b) did not meet one or more of the requirements set out in Part II;

(d) did not operate to the standards established by the accrediting body which accredited the care home, if the home is accredited.

Substitute complainant

(2) A person may make a complaint to the Director on behalf of a tenant under subsection (1) if,

(a) the complaint concerns a matter which affects or affected the tenant; and

(b) there are reasonable grounds to believe that the tenant is mentally incapable of making the complaint.

Investigation

(3) Upon receiving a complaint under this section, the Director shall forthwith cause an investigation to be conducted.

Exception

(4) Subsection (3) does not apply if the Director reasonably believes that the complaint is trivial, frivolous, vexatious or made in bad faith.

Report

(5) When the investigation is completed, the Director shall provide a report of its findings of fact and his or her decision to the care home, to the complainant and to the tenant who is the subject of the complaint, if different from the complainant.

Other investigations

(6) The Director may at any time cause an investigation to be conducted to determine if a care home is complying with the requirements of this Act and may prepare a report of such an investigation.

Order

(7) The Director may in a report under this section order a care home to comply with a provision of this Act within a specified time.

Compliance

(8) Subject to review by the Board, the Director may require an accreditation body to suspend or revoke the accreditation of a home if the home has not complied with an order of the Director within the time allowed by the Director.

Hearing may be required

(9) An order under subsection (7) shall inform the care home that it is entitled to a hearing by the Board if the home mails or delivers, within 15 days after the report under subsection (5) or (6) provided to the home, notice in writing requiring a hearing to the Director and the Board.

Powers of Board where hearing

(10) Where a care home requires a hearing by the Board, the Board shall appoint a time for and hold the hearing.

Board review

(11) The Board may by order rescind the order of the Director or may confirm the order with or without changes.

Appeal

(12) A care home may appeal from an order of the Board to the Divisional Court in accordance with the rules of court.

Former tenant

(13) A reference to a tenant in this section includes a person who was a tenant of a care home at the time of the events which are the subject-matter of the complaint.

Inspection

33. (1) For the purpose of determining whether there is compliance with this Act, an inspector,

(a) may at all reasonable times enter and inspect a care home; and

(b) may, if he or she has reasonable grounds to believe that records or other things pertaining to a care home are kept in a place that is not in the home, enter the place at all reasonable times in order to inspect such records and other things.

Dwellings

(2) No inspector shall enter a place that is not in a care home and that is being used as a dwelling, except with the consent of the occupier of the place or under the authority of a warrant issued under section 34.

Powers on inspection

(3) An inspector conducting an inspection under this section,

(a) may inspect the premises of a care home and the operations on the premises;

(b) may inspect a record or other thing relevant to the inspection;

(c) may demand the production for inspection of records or other things relevant to the inspection, including records or other things that are not kept on the premises of a care home;

(d) may question a person on matters relevant to the inspection, subject to the person's right to have counsel or some other representative present during the questioning;

(e) may conduct such examinations or tests as are reasonably necessary for the inspection;

(f) may, for the purpose of carrying out the inspection, use data storage, processing or retrieval devices or systems of a care home in order to produce a record in readable form;

(g) may, on providing a receipt, remove a record, a sample of a substance or any other thing, if it is relevant to the inspection;

(h) may review or copy a record or other thing removed under clause (g);

(i) may conduct such examinations or tests as are reasonably necessary on a sample or other thing removed under clause (g); and

(j) may call upon experts for such assistance in carrying out the inspection as the inspector considers necessary.

Obstruction of inspector

(4) No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section or otherwise impede an inspector in carrying out his or her duties under this Act.

Inspection report

(5) Upon completing an inspection under this section, an inspector shall prepare an inspection report and shall give a copy of the report to the care home.

Warrant

34. (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 33 (3), if the justice of the peace is satisfied on information under oath that,

(a) the inspector has been prevented from exercising a right of entry to the premises under subsection 33 (1), has been refused consent to enter under subsection 33 (2) or has been prevented from exercising a power under subsection 33 (3); or

(b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 33 (1), will be refused consent to enter under subsection 33 (2) or will be prevented from exercising a power under subsection 33 (3).

Expiry of warrant

(2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than 30 days after the warrant is issued.

Extension of time

(3) A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant.

Use of force

(4) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant.

Time of execution

(5) A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise.

No retaliation for disclosure

35. (1) No person shall do anything, or refrain from doing anything, in retaliation for another person making a disclosure to an inspector, so long as the disclosure was made in good faith.

No interference

(2) No person shall seek, by any means, to compel another person to refrain from making a disclosure to an inspector.

Reporting of harm to tenant

36. (1) A person other than a tenant who has reasonable grounds to suspect that a tenant has suffered or may suffer harm as a result of unlawful conduct, improper or incompetent treatment or care or neglect shall forthwith report the suspicion and the information upon which it is based to the Director.

No dismissal or discipline

(2) No person shall dismiss, discipline or penalize another person because,

(a) a report has been made to the Director under subsection (1);

(b) the Director has been advised of a breach of this Act or the regulations; or

(c) the Director has been advised of any other matter concerning the care of a tenant or the operation of a care home that the person advising believes ought to be reported to the Director,

unless the other person acts maliciously or without reasonable grounds.

No coercion or intimidation

(3) No person shall coerce, intimidate or attempt to coerce or intimidate another person because information described in clause (2) (a), (b) or (c) has been given to the Director.

No false information

(4) No person shall include in a report to the Director under subsection (1) information the person knows to be false.

Offence

37. (1) Every person who contravenes any of the following provisions in this Act is guilty of an offence:

1. Subsection 3 (2) (Duty to ensure rights).

2. Subsection 15 (1) (Operating requirements).

3. Subsection 25 (1) (Information).

4. Subsection 25 (2) (Notice to Board).

5. Subsection 33 (4) (Obstruction of inspector).

6. Subsection 35 (1) (No retaliation for disclosure).

7. Subsection 35 (2) (No interference).

8. Subsection 36 (2) (No dismissal or discipline).

9. Subsection 36 (3) (No coercion or intimidation).

10. Subsection 36 (4) (No false information).

Penalty

(2) On conviction, every person who is guilty of an offence set out in subsection (1) is liable,

(a) if the person is an individual, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; or

(b) if the person is a corporation, to a fine of not more than $100,000.

PART VI
GENERAL

Community care access

38. (1) Despite any other Act or regulation, a person is not ineligible for services provided by a Community Care Access Centre just because he or she is a tenant in a care home.

Same

(2) If a care home believes that a tenant requires a level of care that it is not able to provide, and neither the care home nor the tenant are able to obtain additional care or a more appropriate residence, the care home shall seek the assistance of a Community Care Access Centre in obtaining additional care or a more appropriate residence.

Duty of owners and operators

39. Where this Act or the regulations made under this Act impose a requirement on a care home, the owners and operators of that home shall ensure that the requirement is fulfilled.

Protection from personal liability

40. No action or other proceeding for damages shall be instituted against the Director, any member of the Board, an accreditation body, any inspector or anyone else acting under the authority of any of them, for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.

Regulations

41. The Lieutenant Governor in Council may make regulations in respect of such matters as are referred to in this Act as being prescribed.

Tenant Protection Act, 1997

42. (1) Clause 99 (1) (b) of the Tenant Protection Act, 1997 is repealed and the following substituted:

(b) the tenant requires a level of care that the landlord is not able to provide, and that a Community Care Access Centre is not able to provide or arrange to be provided to the tenant.

(2) Subsection 99 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Order

(2) The Tribunal may issue an order under clause (1) (b) only if a Community Care Access Centre has been asked to arrange appropriate care in the current premises and appropriate alternative accommodation for the tenant and if the Tribunal is satisfied that,

. . . . .

Commencement

43. This Act comes into force on the day it receives Royal Assent.

Short title

44. The short title of this Act is the Care Homes Act, 2002.

EXPLANATORY NOTE

The Bill defines a care home to be a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy.

Part I of the Bill establishes rights of tenants of care homes. Part II of the Bill establishes care home operating requirements. Part III of the Bill establishes the Care Home Review Board. Under Part IV, the Board may authorize one or more corporations or associations to be accreditation bodies that may inspect and accredit care homes.

The Bill does not require care homes to be accredited. However, no body which receives more than 50 per cent of its funding from the government may recommend to a person that he or she reside in a care home or assist a person to reside in a care home, if the home is not accredited under the Bill or if its accreditation has been suspended.

The Board must respond to complaints by or on behalf of tenants. It may investigate the operation of a care home whether or not it receives a complaint and may order a care home to comply with the Act. It may suspend or revoke the accreditation of a care home if the care home does not comply with the order. It also must publish a registry of accredited and unaccredited care homes and submit an annual report to the Minister who must table it in the Legislature.

Clause 99 (1) (b) of the Tenant Protection Act, 1997 currently permits a landlord of a care home to apply to the Ontario Rental Housing Tribunal for an order transferring a tenant out of a care home if the tenant requires a level of care that the landlord is not able to provide. The Bill replaces this clause with one that adds the condition that a Community Care Access Centre is not able to provide or arrange the necessary level of care to be provided to the tenant.

The Bill also amends subsection 99 (2) of the Tenant Protection Act, 1997. The amendment creates an additional requirement that a Community Care Access Centre has been asked to arrange appropriate care in the current premises and appropriate alternative accommodation for the tenant, before the Tribunal may make an order transferring a tenant out of a care home under clause 99 (1) (b).